HOW TO SET UP AN EDUCATION AGENT IN VIET NAM

According to the provisions in Annex 4 of Law No.61/2020/QH14 on the list of conditional business lines of the Law on Investment, the business of education agent is a conditional business line. In order to establish a education agent and conduct this service business, the established organization must meet the conditions for a license as prescribed by law. Doanh Tri Firm sincerely prepare the consulting content related to the regulations on the establishment of a study abroad consulting company as follows.

1. Legal basis:

- Law on Enterprise 2020;

- Law on Education 2019;

- Decree No.01/2021/ND-CP;

- Decree No.46/2017/ND-CP;

- Circular No.01/2021/TT-BKHĐT.

2. Conditions to establish an education agent:

Conditions for education agent establishment are specified in Article 107 of Decree No.46/2017/ND-CP, whereby individuals and businesses must satisfy the following conditions:

(i) Organizations providing study abroad consulting services shall be established in accordance with law.

(ii) Having an office, facilities and equipment to serve the business of studying abroad consulting services.

(iii) Staff directly advising study abroad have university degrees or higher; have the ability to use at least one foreign language at level 4 or higher according to the 6-level Foreign Language Competency Framework for Vietnam and equivalent; have a certificate of professional training in overseas study counseling according to regulations of the Ministry of Education and Training.

3. Prepare documents for business registration of overseas study consulting services:

(i) A written request for a certificate of business registration of study abroad consulting services, including the following:

- Objectives and contents of activities;

- Ability to exploit and develop study abroad services;

- Plan and measures to organize the implementation;

- The plan to deal with risk problems for the person who is consulted to study abroad;

(ii) A certified true copy of the enterprise registration certificate, establishment decision or investment registration certificate;

(iii) Application for enterprise registration;

(iv) Charter of the company;

(v) List of founding shareholders and shareholders being foreign investors (if it is a joint stock company); List of members (if the company is a two-member limited liability company) with a notarized copy of ID card/CCCD (For Vietnamese), or a certified copy of passport (For foreigners).

(vi) List of staff directly advising study abroad, including the following contents:

- Full name, date of birth, gender;

- Professional qualifications, foreign language skills,

- The position will be held at a study abroad consulting service organization;

(vii) Certified copy of university diploma, foreign language certificate, certificate of professional training in overseas study counseling of members and employees of the company.

4. Procedures for education agent registration:

Step 1: Submit your application

Organizations providing education agent can send their documents online or offline 01 set of documents to the Province-level Department of Education and Training where the agent is located.

Step 2: Receive and process documents

Within 15 working days from the date of receipt of a complete and valid application, the Director of the Department of Education and Training shall verify the application, verify the authenticity of the documents in the application, and issue a business registration certificate. study abroad consulting services; if the prescribed conditions are not satisfied, a written notification shall be sent agent, clearly stating the reason.

The Director of the Department of Education and Training shall grant the certificate of business registration of overseas study counseling services to the organization registering the business of overseas study consulting services.

In the course of operation, if the organization wants to supplement the certificate of overseas study consulting service business registration and request the Department of Education and Training to amend it, it shall comply with the provisions of Clause 1 of this Article 3, Article 108 Decree No.46/2017/ND-CP.

5. Cases of education agent suspension:

An organization providing overseas study counseling services shall be suspended from its overseas study consulting business when one of the following cases occurs:

(i) Fraud to obtain a business registration certificate;

(ii) Failing to satisfy one of the conditions specified in Article 107 of this Decree;

(iii) Violating the provisions of the law on education shall be administratively sanctioned to the extent that it must be suspended;

(iv) Lease or lend the certificate of business registration;

(v) Other cases as prescribed by law.

6. Cases of revocation of the certificate:

The certificate of education agent will be revoked when one of the following cases occurs:

(i) The business organization is dissolved in accordance with the law;

(ii), the organization providing overseas study counseling services shall continue to provide services during the period of suspension;

(iii) At the end of the suspension period, the overseas study consulting service business organization cannot remedy the cause;

(iv) Other cases as prescribed by law.

(v) The decision to revoke the certificate of education agent must clearly identify the reason for the revocation, and measures to ensure the lawful rights and interests of the person receiving the educational service, organizations and individuals, and, those who related to. The decision to withdraw must be publicly announced on the mass media.

The above article is our firm's perspective towards how to set up an education agent in Vietnam. For more information and advice on this issue, please contact Doanh Tri Law Firm directly via:
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